Robinson v. Ho et al

Filing 17

ORDER DENYING Motions for Appointment of Counsel; ORDER DIRECTING Clerk to Re-Send Plaintiff's Second Amended Complaint With Supporting Documents 11 ; ORDER DIRECTING Clerk to Re-Send Form USM-285 13 & 14 , signed by Magistrate Judge Michael J. Seng on 3/29/16: Thirty-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRYL ROBINSON,

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Plaintiff,

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v.
C. CORTEZ,

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Defendant.

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Case No. 1:15-cv-01186-MJS (PC)
ORDER DENYING MOTIONS FOR
APPOINTMENT OF COUNSEL
ORDER DIRECTING CLERK TO RE-SEND
PLAINTIFF’S SECOND AMENDED
COMPLAINT WITH SUPPORTING
DOCUMENTS

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ORDER DIRECTING CLERK TO RE-SEND
FORM USM-285

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(ECF Nos. 13 & 14)

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THIRTY-DAY DEADLINE

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On February 18, 2016, Plaintiff filed two consecutive motions requesting the
appointment of counsel, requesting duplicate copies of his Second Amended Complaint,
and requesting a new Form USM-285 (ECF Nos. 13 & 14).

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I.

APPOINTMENT OF COUNSEL
Plaintiff does not have a constitutional right to appointed counsel in this action,

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Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an

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attorney to represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1), Mallard v. United
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States Dist. Ct. for the S. Dist. of Iowa, 490 U.S. 296, 298 (1989). In certain exceptional

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circumstances the Court may request the voluntary assistance of counsel pursuant to

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section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of

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securing and compensating counsel, the Court will seek volunteer counsel only in the
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most serious and exceptional cases. In determining whether exceptional circumstances

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exist, the District Court must evaluate both the likelihood of success of the merits and the

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ability of the plaintiff to articulate his claims pro se in light of the complexity of the legal

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issues involved. Id. (citations omitted).

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In the present case, the Court does not find the required exceptional
circumstances. At this stage in the proceedings, the Court cannot make a determination

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that Plaintiff is likely to succeed on the merits, and based on a review of the record in this
case, the Court does not find that Plaintiff cannot adequately articulate his claims.

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Plaintiff claims that he is an “ADA” inmate, presumably meaning an inmate subject to the

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Americans with Disabilities Act. However, Plaintiff does not support his claim, nor does

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he detail how his particular disabilities affect his ability to litigate this case. Plaintiff

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presently faces no pending deadlines in this case, and he may request an extension of
time if he has trouble meeting deadlines in the future.

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Plaintiff’s present motions for appointment of counsel will be DENIED without

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prejudice. If the Plaintiff can show good cause why he needs a lawyer appointed, the

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Court may reconsider his motion.

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II.

PLAINTIFF’S SECOND AMENDED COMPLAINT
Plaintiff requests the Court send him a new copy of his Second Amended

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Complaint with supporting documentation (ECF No. 11.), as the copy he received was of
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poor quality, cut off in some sections, and only copied on one-side.

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Plaintiff’s request will be GRANTED and the Clerk’s Office will be directed to resend Plaintiff a copy of his Second Amended Complaint with supporting documentation,

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taking care to make sure all pages are included in their entirety and any double-sided
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pages are copied on both sides.

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III.

USM SERVICE DOCUMENTS

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Plaintiff also requests the Court send him a new Form USM-285, as he made

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a mistake on the form the Court originally sent him. Plaintiff’s request will be GRANTED

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and the Clerk’s Office will be directed to re-send Plaintiff Form USM-285.

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Accordingly, it is HEREBY ORDERED that:

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1.

DENIED without prejudice;

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2.

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Plaintiff’s request for a new copy of his Second Amended Complaint (ECF
No. 13 & 14) is GRANTED;

3.

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Plaintiff’s request for appointment of counsel (ECF No. 13 & 14.) is

Plaintiff’s request for a new Form USM-285 (ECF No. 13 & 14.) is
GRANTED;

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The Clerk’s Office shall send Plaintiff (a) a new copy of his Second

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Amended Complaint and Supporting Documentation, and (b) a new Form

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USM-285; and

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5.

Within thirty (30) days from the date of this order, Plaintiff shall

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submit the completed Notice of Submission of Documents to the Court with

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the following documents:

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a. One (1) completed summons;

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b. One (1) completed USM-285 form for Defendant Cortez; and

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c. Two (2) copies of the Second Amended Complaint filed

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December 14, 2015.
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IT IS SO ORDERED.

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Dated:

March 29, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

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